ABUJA—AS the Presidency drags the National Assembly to the Supreme Court seeking an order to nullify all the proposed amendments to the 1999 constitution, majority of senators said yesterday that they were ready to meet the presidency in court.

Members of the House of Representatives on their part insisted that the lawmakers met the constitutional requirements on the process.

President Goodluck Jonathan meantime has asked the Senate President, David Mark and the Speaker of the House of Reprsenate-Jonathanesentatives, Hon. Aminu Tambuwal to halt moves by members of the National Assembly to go ahead with the constitution amendment process.

The senators who reacted to the suit filed by the president to nullify the amendments carried out on the constitution promised to apply for an accelerated hearing when the National Assembly is served with court processes so that the matter would be dispensed with before the end of the 7th senate.

Besides, the senators said as they were waiting to be served the court processes, the Presidency should return the original copy of the bill sent to it.

Chairman, Senate Committee on Rules and Business, Senator Ita Enang, Akwa Ibom North East, said the decision of the Presidency to challenge the constitution amendment in court was a good development.

He also said that the action of President Goodluck Jonathan was an indication that he (Jonathan) was a patriotic Nigerian interested in the good of the country.

He, however, faulted the time it took the Presidency to raise objection to certain aspects of the amendment, stressing that it would be the duty of the court to determine whether the National Assembly followed the required legal procedure in the amendment process.

He said: “I do not at all quarrel when anybody goes to court, I quarrel when you start calling press conferences and abusing the other party. Was the Presidency not party or aware when these matters were available for public hearing? Did they come for the public hearing to make any of the points they are making in court.

”I will refuse to see the action of the presidency as a slight because this is what we passed, the Supreme Court Additional Jurisdiction Act, it is only that it is coming too late in the day, but we should apply for accelerated hearing; it is not a slight, I don’t see it that way even though some of my colleagues may see it that way.

“At every stage during the hearing of the matter, the Attorney General, the Secretary to the Government of the Federation, the Special Adviser to Mr President on National Assembly Affairs, all of them were there at the various hearing.

“But at the same time, if the President feels that the provisions in the constitution amendment is going to whittle down the powers of the executive and that he is not going to leave a weak or embattled executive and he is challenging it, I think it is a show of faith in the country that he does not want to leave a burden on the incoming government.

“He is still acting as a statesman up to the end in his belief that the legislature does not have this power or cannot whittle down the power of the Executive; that is one aspect that I will credit him for.”

“Therefore, I am happy that the president having doubts about the powers of the legislature to do what it has done, has not resorted to press attack on the legislature, he has sent a letter to the legislature and at the same time has approached the court to declare whether or not the legislature is right in the procedure adopted and in the subject matter.

The Senate Leader, Senator Victor Ndoma-Egba, SAN, said it was regrettable that the Presidency had taken the present path, even when it had the opportunity, during the public hearing, to raise any objections on the amendment for the purpose of engagement.

On what happens to the letter to the Presidency for a return of the original copy of the bill, Senator Ndoma-Egba said the senate still expected the original copy of the bill.

Senator Umaru Dahiru, Chairman, Senate Committee on Judiciary, Human Rights and Legal Matters, said there was nothing wrong with the Presidency going to court.

He said: “The implication is that; the constitution is very clear, if you do not agree with anything, either the National Assembly or the federal government can take either one to court. And in case the Supreme Court says otherwise, we have to comply.

“It is checks and balances, that is the beauty of this democracy; if you go beyond your limit and if you think you are right, we go for interpretation. If the President feels the procedure is technically wrong, then he can seek interpretation which he wants now.

“If the court says they are right then there is nothing we can do, otherwise we come for amendments. We are ready to take any correction. It does not matter what I believe or do not believe is for the court to determine.’’
– See more at: http://www.vanguardngr.com/2015/04/constitution-amendment-senators-presidency-head-for-showdown/#sthash.1vakGDDR.dpuf

]]>http://newnigerianpolitics.com/2015/04/23/constitution-amendment-senators-presidency-head-for-showdown/feed/0a:7:{s:4:"lang";s:2:"en";s:8:"keywords";s:71:"court,legislature,presidency,president,said,amendment,constitution,does";s:19:"keywords_autoupdate";i:1;s:11:"description";s:159:"court to declare whether or not the legislature is right in the procedure adopted and in the subject matter. The Senate Leader, Senator Victor Ndoma-Egba, SAN,";s:22:"description_autoupdate";i:1;s:5:"title";s:0:"";s:6:"robots";s:12:"index,follow";}Reps to miss April deadline for new constitutionhttp://newnigerianpolitics.com/2013/04/08/reps-to-miss-april-deadline-for-new-constitution/
http://newnigerianpolitics.com/2013/04/08/reps-to-miss-april-deadline-for-new-constitution/#respondMon, 08 Apr 2013 09:53:36 +0000http://newnigerianpolitics.com/?p=29720House of Representatives may not meet its promise to deliver a new constitution by April this year, findings indicated on Sunday.

The Senate and the House have embarked on the review of the 1999 Constitution (as amended) since June 2011.

A budget of about N1bn is set aside for the exercise, shared N500m apiece by the two chambers.

Deputy Speaker of the House and Chairman of its Constitution Review Committee, Mr. Emeka Ihedioha, had in May last year, assured the nation that a new constitution would be ready in April.

However, the Senate recently shifted its deadline to June.

Investigations by The PUNCH on Sunday showed that a week into April, work on the constitution was far from nearing completion.

For example, up till March 27 when lawmakers proceeded on the Easter vacation, fresh bills on constitution amendment were still being referred to the Ihedioha committee.

“If you consider the fact that amending the constitution is a tedious process, you do not need a soothsayer to tell you that the April target is a mirage already.

“All the work the ad-hoc committee has done and the new bills will still be subjected to public hearings.

“Besides, the report of the National Assembly on the proposed amendments will be endorsed by the 36 state Houses of Assembly (two-thirds majority) before a new constitution can be in place.

“When the House reconvenes on April 16, there will be less than two weeks to the end of April.

“Clearly, it will be impossible to complete the process this month”, a source close to the ad-hoc committee, confided in our correspondent.

The House also conducted Peoples’ Public Sessions on the constitution on November 8, 2012, but it is still awaiting the final report.

However, five months after the sessions closed, the final report has yet to be made public.

An attempt by the House to present the report to the public in February was stalled after many lawmakers protested that they had yet to scrutinise the document.

It was learnt on Sunday that work on the constitution progressed slowly at the Senate as well.

“The Senate conducted six zonal public hearings before senators went on the Easter break; there is no report of the hearings for now.

“Of course, the fact that the Senate and the House are doing separate constitution review means that they will have to harmonise their findings before sending the final document to the state assemblies for endorsement.

“This is not something that is feasible in April; if one chamber has indicated that its own report will be ready in June, that explains that April is ruled out,” another National Assembly source added.
Via Punch

]]>http://newnigerianpolitics.com/2013/04/08/reps-to-miss-april-deadline-for-new-constitution/feed/0a:7:{s:4:"lang";s:2:"en";s:8:"keywords";s:59:"constitution,april,house,report,public,senate,committee,new";s:19:"keywords_autoupdate";i:1;s:11:"description";s:159:"constitution by April this year, findings indicated on Sunday. The Senate and the House have embarked on the review of the 1999 Constitution (as amended) since";s:22:"description_autoupdate";i:1;s:5:"title";s:0:"";s:6:"robots";s:12:"index,follow";}Stop Tinkering with the Nigerian Constitution – By Tochukwu Ezukanmahttp://newnigerianpolitics.com/2013/01/24/stop-tinkering-with-the-nigerian-constitution-by-tochukwu-ezukanma/
http://newnigerianpolitics.com/2013/01/24/stop-tinkering-with-the-nigerian-constitution-by-tochukwu-ezukanma/#respondThu, 24 Jan 2013 11:06:58 +0000http://newnigerianpolitics.com/?p=28142By Tochukwu Ezukanma | Lagos, Nigeria | Jan. 24, 2013 – A written constitution is not a prerequisite for democracy. Not surprisingly, some flourishing democracies have no written constitution and some failed democracies had some wonderfully crafted constitutions. Nigeria has had a number of well written constitutions. Lamentably, none of them has worked well. Still, there are clamor for a new constitution or the continued tinkering with the existing one. As far as I am concerned, this on going expensive political shenanigan, reverently referred to as constitutional amendment, is a charade.

The problem of Nigeria is not constitutional but attitudinal. Our attitude towards the law is perverted. It is an attitude that scoffs at the rule of law, and consequently, exalts lawlessness. The constitution is the supreme law of the land. It is not surprising that a people given to breaking every law have also repeatedly trampled the stipulations of the constitution, and periodically, reduced the constitution to something of a worthless piece of paper.

England, for example, has no written constitution, but is a flourishing democracy. Her politics is regulated by political traditions and social conventions that evolved over many centuries. Because the Israelis have failed to reach a consensus on the object of Jewish nationhood, and therefore, lack a generally acceptable basis to premise a constitution, Israel is yet to have a written constitution. However, she remains an island of democracy in the ocean of corrupt and repressive autocracies, that is, the Middle East.

On the other hand, Nigeria, with her series of magnificently written constitutions, has continually failed to hold credible elections and uphold other tenets and ideals of democracy. Her institutional anchors of democracy remain very weak and the government is estranged from the people. Elected and government officials and the institutions of government continue to function in repudiation of the legitimate aspirations of the people.

The present Nigerian constitution is not a perfect document. Actually, no country’s constitution can be considered perfect. Despite its imperfections, the Nigerian constitution provides the political and legal framework for good governance. That Nigeria remains one of the most misgoverned countries in the world has nothing to do with the Nigerian constitution. It has to do with the mindset of our political operators, and by extension, the Nigerian society.

The fundamental problem of the Nigerian society is lawlessness. Our culture of impunity – might is right and it mirror image, the end justifies the means – is antithetical to respect for rules, tradition, and decorum. And as such, Nigeria is a nation that thrives in the disobedience of the law, and of course, the constitution. So, the endless tinkering with the Nigerian constitutions will not solve our political and social problems. No constitution will work in Nigeria until we change our attitude towards the law.

In the First Republic, the Nigerian constitution was modeled after the British parliamentary system. Interestingly, parliamentary constitutions have worked in many other countries of the world, including many Third World countries that, like Nigeria, emerged from colonialism, and had to grapple with the problems of artificial sovereignty and cultural shocks of colonialism. Parliamentary democracy failed in Nigeria, not because there is anything wrong with it but because of the Nigerian problem of disdain for the rule of law.

In our self defeating escapism, we sometimes choose to pretend that our problems are too complex, and consequently, intractable because Nigeria is a very populous and heterogeneous country. A country like Indian has shown that our problems are not, in anyway, unmanageable. Like Nigeria, she, at some point, emerged from British colonialism and was bequeathed with British political and governmental institutions, including parliamentary democracy. The Nigerian population of about 140 million is minuscule when compared to the Indian population of 1.2 billion. And India is incomparably more heterogeneous than Nigeria: Nigeria has 3 indigenous official languages, but India has 15 and Nigeria has 2 official religions, but India has 7. Interestingly, Indian is a very successful democracy. So, the problems of Nigeria stem from neither her diversity nor her enormous population. They derive primarily from lawlessness.

The 1999 and 1979 constitutions were fashioned after the United States of American presidential system. Supposedly, the 1999 constitution improved on the 1979 constitution. The 1979 constitution was an impressively well-written document. It was designed to produce national and unifying figures as presidents. Conscious of the extensive powers it bestowed on the office of the presidency, it reasoned that that will make possible for strong and effective leadership whose tendency towards dictatorship can be checked by the legislature. It conceived of the legislature as a vibrant and intrepid guardian of the constitution.

Regrettably, the Nigerian power elite driven by personal interests and consumed by greed, and thus, prepossessed with theft of public funds and conscienceless exploitation of the system have made nonsense of all these constitutional refinements and finesse.

No wonder, the Goodluck Jonathan’s administration is one of the most corrupt governments in the world. And the Nigerian senators and members of the House of Representatives are notorious for their slothfulness and legislative mediocrity. In their grasping avarice, corruption, arrogance of power and disdainful nonchalance to the worsening economic woes of the Nigerian masses, the Nigerian power elite live in breathtaking lavishness. Despite the desperate poverty of a disproportionate percentage of Nigerians, the Nigerian legislators are the highest paid legislators in the world.

Every one of the Nigerian constitutions was well written and furnished the basis for peace, unity, political stability, social justice and national progress. So, the problem is not with the constitution. But with an attitudinal disposition that encourages reaping where you have not sown, promotes personal interests at the expense of the public good and sees the law as a source of inconvenience reserved for the poor, weak and ignorant. Until we, as a country, change this collective mind-set, no constitution, no matter how well written, can work in Nigeria.

Tochukwu Ezukanma writes from Nigeria

maciln18@yahoo.com

0803 529 2908

]]>http://newnigerianpolitics.com/2013/01/24/stop-tinkering-with-the-nigerian-constitution-by-tochukwu-ezukanma/feed/0a:7:{s:4:"lang";s:2:"en";s:8:"keywords";s:75:"constitution,nigeria,nigerian,written,democracy,law,constitutions,political";s:19:"keywords_autoupdate";s:1:"1";s:11:"description";s:157:"constitution is not a prerequisite for democracy. Not surprisingly, some flourishing democracies have no written constitution and some failed democracies had";s:22:"description_autoupdate";s:1:"1";s:5:"title";s:0:"";s:6:"robots";s:12:"index,follow";}Constitution amendment: Govs didn’t disagree –Amaechihttp://newnigerianpolitics.com/2012/11/29/constitution-amendment-govs-didn%e2%80%99t-disagree-%e2%80%93amaechi/
http://newnigerianpolitics.com/2012/11/29/constitution-amendment-govs-didn%e2%80%99t-disagree-%e2%80%93amaechi/#respondThu, 29 Nov 2012 14:16:54 +0000http://newnigerianpolitics.com/?p=26791From GBENGA ADESUYI, Ibadan

Contrary to media report that the Nigerian Governors’ Forum (NGF) at its last meeting disagreed over the ongoing constitution amendment, the Chairman of the forum and Governor of Rivers State, Rotimi Amaechi yesterday said the governors had no cause to disagree over any of the issues tabled for discussion at the meeting.

Amaechi made this clarification yesterday in Ibadan, while on courtesy visit to the state Governor, Abiola Ajimobi after his condolence visit to the family of the late Justice Kayode Esho at his Ikolaba residence. He said: “We agreed on all the issues we discussed. We met in the morning by 10:00a.m and did not disperse until 3:00p.m, if we had disagreed we could have closed before 12:00p.m and not the time we closed.” The NGF chairman maintained that the concern of the forum had never been to satisfy personal interest, but the interest of Nigeria as a country.

“Our interests transcend local and primordial sentiments; some of us will be finishing our tenure in 2015 and hence would cease to be governors. “So if there has been anything personal, we will vacate the seat and such issues would no more avail us. These things we are doing, we are doing it for the benefit of the country. We will leave by 2015 so it can’t be to protect our personal interests. “If that were so, we will be looking at national because most of us are eyeing the national at the end of our tenure, instead, we are thinking of how to run a proper federalism. I don’t think the governors are doing what they are doing because they want to please or protect their own interests.

“Right now, we have a picture of a man whose head is very big, his stomach very big and a broad chest, but has tiny legs like that of a broomstick, that is what Nigeria looks like now. We are doing what we are doing because we believe that this country should be governed in a proper manner,” Amaechi stressed. On his visit to the late Esho family, he said it was to pay the man he met in 2008 when he was appointed the chairman of truth and reconciliatory committee in Rivers State and recalled that the late Esho did his job excellently well, saying: “He was a foremost jurist whose landmark judgment had impacted on the lives of the common man in the country.”

He commended Governor Ajimobi on his transformation agenda said to have impacted on the state capital, adding that the governor had changed the face of the state capital to a cleaner environment from a filthy set up. “Ibadan is not all that dirty as we have been made to hear. What we have seen on arrival into the state has shown a very clean environment.

I want to commend our governor for making the state clean and I hope that the transformation will revive the economy of the state because if the economy is revived, it will transform the lives of the people of the state,” he stated.

Via Sun

]]>http://newnigerianpolitics.com/2012/11/29/constitution-amendment-govs-didn%e2%80%99t-disagree-%e2%80%93amaechi/feed/0a:7:{s:4:"lang";s:2:"en";s:8:"keywords";s:55:"state,doing,governor,country,said,amaechi,chairman,esho";s:19:"keywords_autoupdate";s:1:"1";s:11:"description";s:154:"State, Rotimi Amaechi yesterday said the governors had no cause to disagree over any of the issues tabled for discussion at the meeting. Amaechi made this";s:22:"description_autoupdate";s:1:"1";s:5:"title";s:0:"";s:6:"robots";s:12:"index,follow";}Crisis among govs, meeting on state police, constitution stalls .http://newnigerianpolitics.com/2012/08/23/crisis-among-govs-meeting-on-state-police-constitution-stalls/
http://newnigerianpolitics.com/2012/08/23/crisis-among-govs-meeting-on-state-police-constitution-stalls/#respondFri, 24 Aug 2012 02:57:22 +0000http://newnigerianpolitics.com/?p=24344 Amaechi, others mute on parley

• Aliyu, IG list dangers of state police

ONCE it was a cohesive house, but it is now clear that the Nigeria Governors’ Forum (NGF) is a divided body.

Twice it has fixed a meeting in a week but without adequate representation from the 36 states of the federation to discuss critical issues facing the country.

While 27 states were represented at the NGF’s meeting last Tuesday, only 17 states showed up for yesterday’s parley.

Due to the poor attendance, no communiqué was issued by the state chief executives who were present.

And unlike their such meetings when either the NGF Chairman and Governor of Rivers State, Rotimi Amaechi addressed journalists or mandates a governor to do so, all the nine governors and eight deputy governors who attended the meeting, were evasive.

The Guardian learnt that the major issues tearing the forum apart are the push by some members for the creation of state police and a new revenue formula, which should be in favour some states from a section of the country.

Except for the governors of Sokoto, Kogi and Kaduna states, a few other northern deputy governors were seen at the Rivers State Governor’s Lodge, venue of the meeting.

Conspicuously absent was the Governor of Niger State and Chairman of the Northern Governors’ Forum, Babangida Aliyu, who had earlier at the regional group meeting on Wednesday addressed the press and was therefore naturally expected to be in attendance at the umbrella body’s meeting, if not for any other reason, but to strengthen the earlier resolve by the regional body to bring back peace, unity and tranquility to the North.

At last Tuesday’s meeting, members of the NGF failed to agree on constitution amendment, which would pave way for the setting up of state police.

They had said that the debate on the constitution amendment was shifted to after the Ramadan to enable their members, who were on Umrah (Lesser Hajj) return to Nigeria.

From the mood of the governors who attended yesterday’s parley, it was clear that all was not well within the body. The major gladiators in the forum who were seen in Abuja on Wednesday and earlier yesterday, did not show up but sent their deputies who are known not to take decisions on behalf of their principals at such talks.

Their absence, according to sources, was not unconnected with the hitherto unresolved stance of the northern governors on issues disparate to their other colleagues, which are threatening the unity of the forum.

Earlier at the northern governors’ meeting, Aliyu had stated: “We must not allow emotions and sentiments to override us. There is the need for tolerance of one another in the interest of national peace and integration. This call is very crucial because the interest of the nation is above any personal or sectional interests.”

An insider in the Northern Governors’ Forum said: “The issue of state police is not in the interest of the nation but more or less personal interest as well as the ‘unbalanced’ revenue sharing formula. Therefore, the regional state executives are opposed to state police.”

On why most of the governors who attended the northern version’s meeting in Abuja were absent at the NGF, sources alleged that there were other political intrigues being played underground to advance the interest of the region in 2015, hence the directive to the 40-member committee to review all reports and recommendations of other committees set up in the past to address all issues that affect the North.

Amaechi did not give any reason for the absence of most of the governors even though he had assured Nigerians last Tuesday that the forum would meet immediately after the Ramadan, when some of his colleagues would be back from the lesser hajj.

One of the issues Amaechi promised to be discussed at yesterday’s meeting included constitutional amendment.

Even within the North, there are discordant tunes on state police.

Yesterday, Niger State Governor, Dr. Muazu Babangida Aliyu and the Inspector-General of Police, Mohammed Abubakar disagreed with former Military President, Gen. Ibrahim Babangida over the desirability of state police.

The governor and the IGP, who spoke in Minna at the commissioning of some vehicles donated to the state police command, asserted that Nigeria is not ripe for state police.

They said political leaders were bound to use state police against their opponents.

Aliyu said in 1950, local police were effectively used in all the regions by political leaders against their opponents, saying that the present political leaders, including himself, would do same if given policemen under his firm grip.

Babangida had during his 71st birthday celebration in Minna last week supported the establishment of state police, saying that Nigeria should put behind the experience of 1950 and “we should not allow past experience hunt us.”

He added: “Left to me, the whole essence of governance is to provide adequate security for the people and whatever way this is achieved is acceptable. I don’t believe the fear of what happened in the 50s should continue to haunt us. We should try to move on.”

Mohammed, during a courtesy call on the governor, insisted that the issue was not that of state police but adequate funding of the present federal police and support from all stakeholders to make it more efficient. According to him, if the present Nigeria police were adequately funded, they would perform better, stressing that at the moment there are police stations that cannot boast of single vehicle and communication equipment. “If we have the right equipment, we will do better,” he insisted.

Corroborating Aliyu and Mohammed views, a former Comptroller of the Nigeria Custom Service (NCS), Alhaji Ali Wakili, said state police would be used by governors to intimidate their opponents or perceived enemies.

He said: “If you look at the federal police right now, people are still complaining that the state governors who are supposed to be Chief Security Officers (CSO) of their states are using them to intimidate people, especially during the campaign periods.”

He told journalists yesterday in Bauchi that the Federal Government under the military, abolished local police because they were used to intimidate opponents.

“It has been reported that police attached to the governors leave their statutory duties and go into duties that are not even worthy of any policeman,” he added.

Also yesterday, the Primate of the Church of the Lord (Aladura) Worldwide, Revd. Rufus Okikiola Olubiyi Ositelu, warned on the danger of any government supporting a particular religion in a nation, which he said portends a great danger to stability of such a nation.

At the grand finale of the 69th Tabieorar 2012 with the theme: “Testimony Galore” at Mount Tabieorar Ground, Lagos-Ibadan Expressway,

Ogere-Remo, Ogun State, Ositelu said:

“In Nigeria of today, there is undue influence over recognition of one religion, which has led to the termination of innocent lives in the northern part of the country where an average Nigerian does not have the liberty to practice a religion of his own choice.

“This is wrong as religion should be a personal decision and a private affair and every good government, whether state or federal, should distance itself from the issue of religion.”

]]>http://newnigerianpolitics.com/2012/08/23/crisis-among-govs-meeting-on-state-police-constitution-stalls/feed/0a:7:{s:4:"lang";s:2:"en";s:8:"keywords";s:58:"state,police,governors,meeting,said,forum,nigeria,northern";s:19:"keywords_autoupdate";s:1:"1";s:11:"description";s:157:"state police ONCE it was a cohesive house, but it is now clear that the Nigeria Governors’ Forum (NGF) is a divided body. Twice it has fixed a meeting in a";s:22:"description_autoupdate";s:1:"1";s:5:"title";s:0:"";s:6:"robots";s:12:"index,follow";}index,followConstitution review: Southern Senators, Reps oppose northern govshttp://newnigerianpolitics.com/2012/08/05/constitution-review-southern-senators-reps-oppose-northern-govs/
http://newnigerianpolitics.com/2012/08/05/constitution-review-southern-senators-reps-oppose-northern-govs/#respondSun, 05 Aug 2012 14:09:02 +0000http://newnigerianpolitics.com/?p=23768Senators and members of the House of Representatives of southern extraction have kicked against the recent proposals by the governors of the 19 northern states.

Ahead of the review of the 1999 Constitution by the National Assembly, the governors last month opposed the creation of state police and the inclusion of the six geo-political zones in the constitution.

They also demanded the abrogation of the offshore/onshore dichotomy, the derivation principle which allows oil-producing states to retain 13 per cent of the total revenue derived from exploration of mineral resources.

The oil-producing states of the South-South are the biggest beneficiaries of derivation.

The position of the governors is likely to set the tone of debate on these contentious issues by members of the National Assembly during the constitutional amendment process.

Already, the Northern Governors’ Forum has hinted that it will communicate its position on these issues to lawmakers from the North to serve as a guide during the review process.

Incidentally, the position of the 19 governors came on the heels of a disclosure by the Chairman of the Nigeria Governors’ Forum and Governor of Rivers State, Mr. Rotimi Amaechi, who said the 36 governors agreed that state police was long overdue.

However, senators and members of the House from the South, particularly the South-South, have roundly opposed the 19 northern governors, saying as a country practising federalism, Nigeria cannot shy away from state police, devolution of powers and the rights of the federating units to have some control over their economic well-being.

The Majority Leader of the Senate, Victor Ndoma-Egba (SAN); the Deputy Leader of the House, Mr. Leo Ogor; the Chairman, Senate Committee on Rules/Business, Mr. Ita Enang; and the Chairman, House Committee on Local Content, Mr. Asita Honourable, among others kicked against northern governors when they spoke with SUNDAY PUNCH.

Ndoma-Egba said the premise of the northern governors was faulty.

According to him, the principle of derivation for example, relates not only to crude oil, but other mineral resources from which states can also derive additional revenues.

He argued, “If we have to look at it only on the basis of crude oil, then we have missed the point.

“Every state is richly endowed with mineral resources and if they can only look inwards, such calls will not be made at this time.”

Ogor admitted that the country was overdue for state police and recognition for the six geo-political zones in the constitution.

“So, in the final analysis, it is not what the northern governors want that matters, but rather what the majority of Nigerians ask us to do as legislators.”

“I am convinced that state police will check some of the security challenges we face in the country today.

“I am for derivation any day and there is nothing wrong with having the six geopolitical zones in the constitution.”

Enang attributed the call for abrogation of derivation principle to the fact that many states had abandoned the exploitation of the mineral resources in their domains.

“This will not be even in the interest of the country. Don’t forget this was a negotiated position to bring about fairness in the distribution of resources in the country.

“Mineral resources abound in every state of the country. That the states have failed to harness these vast resources is the reason we are getting these kinds of call”, he added.

On state police, Enang said the northern governors could not be right because the present federal police lacked the capacity to police the entire federation effectively.

He said, “I believe it is necessary that we have state police since it has become clear that the federal police will not be able to police everywhere.

“We admit there are inherent dangers just like we have in other spheres, but we should have state police subject to the supervision of the federal government.”

Another member of the Senate, George Sekibo, described the posture of the northern governors as an exercise of democratic rights and freedom of expression.

He, however, observed that the offshore/onshore dichotomy principle had its roots in international law that should not be disputed.

“We can’t stop anybody from talking. It is a democracy. Let them say what they want. We hope that it comes to the National Assembly, then we will decide,” he stated.

On state police, Sekibo said the governors were already spending so much on the federal police, adding that the money spent on the federal police would be enough to run a state police.

He added, “I support state police and derivation formula since our democracy is modelled after that of America.

“People in the community know more about criminals than outsiders and they can do better in crime prevention.

“The present arrangement is such that policemen are like strangers, who don’t know much about the communities they serve.

“State police is part of true federalism. If the northern leaders don’t want it now, one day it will come to pass.

“The way Nigeria is structured today is not working. Resources must not continue to come from the centre because that is what is responsible for the laziness we see everywhere.

“Agriculture alone can transform Nigeria , but what the governors prefer is to gather every month and share resources from crude oil sales; resources from only one zone in the country.

“We need to unbundle Nigeria; let us not play politics with this issue.”

Ironically, some senators from the Middle-Belt are also not happy with the northern governors for their rejection of the recognition of six geopolitical zones in the constitution.

Senator Victor Lar specifically sought the recognition of the Middle-Belt and not North-Central as it is called today.

He noted that with the present power sharing arrangement of North and South, the Middle-Belt had become a disadvantaged minority.

Lar added, “We will be more comfortable in a Middle-Belt Zone. This is because in the present arrangement, we are a minority.”

He also opposed the governors on state police, saying “the country is ripe for state police.”

-via Punch

]]>http://newnigerianpolitics.com/2012/08/05/constitution-review-southern-senators-reps-oppose-northern-govs/feed/0a:7:{s:4:"lang";s:2:"en";s:8:"keywords";s:66:"police,state,governors,northern,resources,country,derivation,south";s:19:"keywords_autoupdate";s:1:"1";s:11:"description";s:149:"police and the inclusion of the six geo-political zones in the constitution. They also demanded the abrogation of the offshore/onshore dichotomy, the";s:22:"description_autoupdate";s:1:"1";s:5:"title";s:0:"";s:6:"robots";s:12:"index,follow";}index,followLetter: LG, Governors and the violation of the constitutionhttp://newnigerianpolitics.com/2012/07/16/letter-lg-governors-and-the-violation-of-the-constitution/
http://newnigerianpolitics.com/2012/07/16/letter-lg-governors-and-the-violation-of-the-constitution/#respondTue, 17 Jul 2012 05:06:31 +0000http://newnigerianpolitics.com/?p=23137

Sir,
LG, Governors and violation of the constitution

Alhaji Ibraheem khaleel,the national president of association of local government employees of Nigeria, NULGE had lamented over the incessant violation of the constitution on the 3rd tier of government by the state governors.

Khaleel was quoted as saying ‘the council structure was consider as most important as it is the closest level to the people but unfortunately what we are seeing is a caricature of the council system whereby all manner of experiments are carried out by state government. The most unfortunate thing is the grey area in the constitution gives the state government and house of assembly a window to perpetrate all manners of unconstitutionalities” .

Today the 3rd tier of government remain as one institution whose letters establishing it in the constitution is grossly violated whit impurity by our state governors.

The question is, Is it constitutional for the state government to hijack allocation disbursed to LG council from the federation account and subject it to redistribution.

Is it constitution to sack an elected LG chairman and replace him with an appointed caretaker chairman when in Section 7 (1) of the Nigerian Constitution guarantees a system of local government with democratically elected councils. The Section provides that ‘the Government of every State shall, subject to section 8 of this Constitution, ensure their existence under a Law which provides for the establishment, structure, composition, finance and functions of such councils’. Section 7 (5) also states that ‘the functions to be conferred by Laws upon local government council shall include those set out in the Fourth Schedule to this Constitution’. Going by the provision of the Constitution, all councils in Nigeria are expected to be run by democratically elected chairman.

Is it legal for state governors to create 4th tier government, set up local government creation committee without making a recourse to the national assembly.

Again, is if constitution for state governments to take over the internal generated revenue (IGR) machinery of the LG council.

We hear of governors creating department of motor parks and markets which we all know fall under the exclusive list for LG revenue collection.

Finally, what Nigerians are saying is that the state governors should get off the back of LG chairmen, let them develop their council areas according to the dictates and aspirations of the people.

]]>http://newnigerianpolitics.com/2012/07/16/letter-lg-governors-and-the-violation-of-the-constitution/feed/0a:7:{s:4:"lang";s:2:"en";s:8:"keywords";s:64:"government,constitution,state,lg,council,governors,local,section";s:19:"keywords_autoupdate";s:1:"1";s:11:"description";s:154:"government employees of Nigeria, NULGE had lamented over the incessant violation of the constitution on the 3rd tier of government by the state governors.";s:22:"description_autoupdate";s:1:"1";s:5:"title";s:0:"";s:6:"robots";s:12:"index,follow";}index,followConstitution amendment: North, South clash imminenthttp://newnigerianpolitics.com/2012/05/11/constitution-amendment-north-south-clash-imminent/
http://newnigerianpolitics.com/2012/05/11/constitution-amendment-north-south-clash-imminent/#respondSat, 12 May 2012 02:11:15 +0000http://newnigerianpolitics.com/?p=20902nd David Attah, Kaduna 2 Comments

As the National Assembly prepares for the amendment to the 1999 Constitution, a clash is imminent between the North and the South over the nature of the country’s federalism.

While the northern socio-political group, the Arewa Consultative Forum, is advocating a strong centre to keep the country united, the South-South, South-West and South-East want devolution of powers by the Federal Government to the regions.

Most of the six geopolitical zones, however, agree on other issues such as zoning and indigeneship, which have been listed by the NASS for amendment.

North

The ACF National Publicity Secretary, Mr. Anthony Sani, in an interview with our correspondent in Kaduna, said the group would soon meet and come up with a position on the proposed amendments.

Sani, however, said the North would not support a confederation arrangement under any guise. According to him, the North will push for a strong centre.

He stated, “Yes, ACF will meet and forward its position on some of these issues to the National Assembly. Since we are yet to meet, it will be inappropriate for me to give you any position.

“However, I must say that any constitution amendment must be such that makes the Federal Government strong enough to keep the country united under one roof, but not too strong to push it towards a unitary system.

“A confederation, which comes with a weak centre, is a recipe for dismemberment.”

He said the ACF would insist on its rejection of Sovereign National Conference. According to him, the call for SNG is capable of dividing the country.

On indigeneship, Sani said that the ACF stood by its earlier position that any Nigerian born in any part of the country should automatically claim the state.

The ACF spokesman added, “In our last recommendations on indigeneship, we said all Nigerians born in a place should be indigenes of such a place since they had no choice over where they were born.”

Sani said that the ACF and northern leaders were favourably disposed to discussions that were capable of strengthening the unity of the country in diversity.

“But when it comes to doing so through a Sovereign National Conference, it is a different matter in the sense that it will amount to passing a vote of no confidence on our democracy and its institutions; and no group has the right to do that with a government in place.”

Also, the National President of the Southern Kaduna People’s Union, Dr. Ephraim Goje, urged the NASS to do everything possible to remove the immunity clause from the constitution.

He said, “I’ve said that in the preposed constitution, we should state clearly the punishment for every crime committed in this country. Why are they shying away from this?”

Section 308 of the constitution protects the President, Vice-President, governors and deputy governors from arrest, prosecution, imprisonment, civil and criminal proceedings during their tenure.

South-South

But the Ijaw National Congress, a major group in the South-South, called for a true federalism with each region having control over its resources, operating its constitution and making the requisite contributions to the centre.

The National Secretary of the IJC, Mr. Robertson Esitei, said, “We’re suggesting 10 regions instead of the six we have today. We should make Nigeria a regional government on the basis of true federalism.

“Nigeria should revert to regionalism. The regions should have control of their resources and pay appropriate taxes to the FG. The regions will also have their constitutions.

On the immunity clause, Esitei said it should be retained until democracy became developed to a level of maturity where opposition would not take advantage of the removal of the clause to distract the governors.

He called for the strengthening of the judiciary and relevant agencies to conduct far-reaching investigations that could lead to the prosecution of errant officers enjoying protection of the clause after their tenure in office.

He said, “The immunity clause should stay until democracy has reached a point where Nigerians have become honest so that a governor would not be unduly intimidated by forces in the opposition that might want to see him out of office.”

Also, the National President of the Ijaw Youth Council, Mr. Abiye Kuromiema, said the country should return to the era of regionalism.

He said Nigeria needed a more balanced federation, where the units would pay taxes to the centre and control their resources.

Although he said that Nigeria must remain as a country, he argued that “only true federalism would correct the issues tearing the country apart.”

“The minority people of the Middle Belt and others who are historically contiguous should be brought together,” he said. “There is a need to correct the historic imbalances. There is a need to have a more balanced federation.”

On zoning, he said Nigerians should look for the best people to occupy political offices in the country.

“I really think that what we need is the best. People are talking about zoning because everybody is focusing on power because of resources. Zoning is not going to give the country the best.

“I can’t take a strong position on the issue of rotation and zoning given the sentiments and pains of Nigerians about governance.”

The IYC leader, however, faulted the call for the removal of the immunity clause, Saying it could cause a serious political instability and distraction in the country.

He demanded the strengthening of the accountability laws and the security agencies to ensure investigation of public officers, who enjoy the immunity clause while in office.

Kuromiema said, “Naturally, people would say that the immunity clause should stay, but politicians have abused it with impunity.

“However, there would be distraction, through unnecessary litigation. I’d like to look for a compromise. Most Nigerians would say immunity clause should go, but we must think of the implications.”

South-East

Commenting on the proposed constitution amendment, the Igbo Youth Movement’s leader, Mr. Elliot Uko, called for a loose federation.

He advised the committee on constitution amendment to dust the Aburi Accord reached by the federal and regional governments in 1967 and entrench it in the constitution.

He said, “Federal power is still attractive because the unitary structure gives the Presidency too much power. Those sections of the country that enjoyed it for decades are now feeling like fish out of water because Goodluck Jonathan is President. They want power back at all cost. It’s a horrific cycle.

“Only a loose federation arrangement will restore sanity. Nigeria is being held together by the endurance and tolerance exhibited by the Igbo at these very trying times.

“A national conference is inevitable. Nigeria must be restructured along six federating regions.”

Also, the chairman of the Anambra State chapter of Ohanaeze Ndigbo, Dr. Philip Atamuo, supported the proposed constitution amendment.

According to him, efforts must be made to ensure that Nigerians are protected and their rights guaranteed wherever they live.

He said, “If we’re truly speaking of one Nigeria, then all Nigerians should have the right to live where they want, work where they want and worship where they want. You cannot pretend to have a one Nigeria when you restrict some Nigerians from going to some other parts of the country or worshipping as they wish or talking as they wish,” Atamuo said.

South-West

A Yoruba sociopolitical group, the Afenifere, said it had concluded arrangements to submit a memorandum to the NASS on the proposed constitution review.

Pa Reuben Fasoranti, the Afenifere leader, stated this in Akure. He said in the memorandum, the group would seek the recognition of six zones as regions.

“Each region should be accorded the recognition it deserves, while conscious efforts should be made to tap into the natural and mineral resources available in each zone for the purpose of developing the areas,” he said.

“Nigeria should practise true federalism. Each region should be allowed to control the resources at their disposal for them to develop at their own pace. When this is done, there would be simultaneous development in all the geo-political zones.”

On immunity clause, Fasoranti said Afenifere believes that the immunity clause should be removed from the constitution.

“The current immunity clause as it is in the constitution gives room for abuse of law on the part of the affected officials. It is a licence for them to engage in gross abuse of the law,” he stated.

According to him, the zoning system, whereby power is being rotated between the South and the North, is necessary to allow every Nigerian to have a sense of participation in the politics of the land.

The Afenifere leader backed the law which allows a person to become the indigene of an area he has lived for a number of years.

On mayoral status for Abuja, he said, “Anybody in the country should be free to be the mayor of Abuja regardless of the fact that he or she is from the northern part of the country or not.”

Fasoranti insisted that the convocation of an SNG was crucial to the continued existence of Nigeria.

He, however, said that the advocates of the SNC had scored a good political point with the acceptance of the Senate to discuss the issue.

“The SNC is not an issue we can run away from. If the senators have agreed to discuss it, then we are making progress because we have to discuss the modalities that would guarantee our peaceful co-existence as a nation,” he stated.

CPC and CD

One of the leading opposition parties in the country, the Congress for Progressive Change, backed the proposed constitution amendment.

The CPC called for the removal of the immunity clause from the constitution.

Its National Publicity Secretary, Mr. Rotimi Fasakin, stated this in an interview with one of correspondents.

He said Nigerians should be left to decide on zoning through a referendum.

Fashakin said, “It is the position of the CPC that the immunity clause is not needed in our constitution. This is the cause of the entrenched corruption and arbitrariness in the nation’s political space.

“If there is a referendum and it is the desire of the Nigerian people that the Presidency be rotated according to some agreed arrangements, so be it. After all, the Swiss presidency rotates among the French, Italians and Germans.”

The President of the Campaign for Democracy, Dr. Joe Okei-Odumakin, noted that the country had not been able to prosecute former governors, who had lost their immunity.

She wondered how those who still enjoyed their immunity would be prosecuted.

-Punch

]]>http://newnigerianpolitics.com/2012/05/11/constitution-amendment-north-south-clash-imminent/feed/0a:7:{s:4:"lang";s:2:"en";s:8:"keywords";s:66:"said,country,constitution,clause,immunity,south,national,nigerians";s:19:"keywords_autoupdate";s:1:"1";s:11:"description";s:150:"said the group would soon meet and come up with a position on the proposed amendments. Sani, however, said the North would not support a confederation";s:22:"description_autoupdate";s:1:"1";s:5:"title";s:0:"";s:6:"robots";s:12:"index,follow";}index,followConstitution review: Govs insist on immunity clausehttp://newnigerianpolitics.com/2012/05/09/constitution-review-govs-insist-on-immunity-clause/
http://newnigerianpolitics.com/2012/05/09/constitution-review-govs-insist-on-immunity-clause/#respondWed, 09 May 2012 21:34:15 +0000http://newnigerianpolitics.com/?p=20848May 9, 2012 by Olusola Fabiyi, Abuja 72 Comments

Governors are expected to meet in Abuja on Wednesday (today) in a bid to stop the planned removal of the immunity clause from the constitution.

According to Section 308 of the 1999 Constitution, the clause, no civil or criminal proceeding shall be instituted against the President, Vice-President, governors and their deputies while in office.

The Justice Alfa Belgore committee set up by President Goodluck Jonathan had recommended the removal of the clause.

Other areas slated for amendment in the constitution by the committee are the Land Use Act, devolution of powers, creation of states, recognition of the six geo-political zones and roles for traditional rulers.

However, the governors are said to be angry that if recommendation for the removal of the clause is allowed to scale through, it is capable of distracting them in carrying out their assignments.

Therefore they summoned today’s meeting to set up a committee to harmonise their position which they are likely going to present to the Senate Committee headed by the Deputy Senate President, Ike Ekweremadu.

One of the governors, who spoke to our correspondent on condition of anonymity said, “We have called for an emergency meeting, which will hold in Abuja on Wednesday (today) by noon.

“We will use the meeting to deliberate on the proposed amendment to the constitution and other national issues.

“You must have been told that the Senate has set up a committee on the amendment to the constitution. We have to come and discuss our position and make it known to the committee.

“We are not comfortable with the desire to remove immunity from the constitution. This is not because we are criminals, but we need time to face our duties.

“If any governor commits crime while in office, you wait until he is out of office, then get him arrested and charge him to court.”

The governors are also expected to discuss security issues, especially the Boko Haram menace in the country.

Other issues slated for discussion are how the money realised from the removal of subsidy since January would be shared.

The meeting is also expected to take a final stand on the governors’ demand that revenue allocation formula be reviewed. They want the 35 per cent for the Federal Government; 42 per cent, states; 23 per cent, Local Government Areas.

The Director-General of the Nigeria Governors Forum, Mr. Asishana Okauru, confirmed the meeting, but declined to give details of its agenda.

-Punch

]]>http://newnigerianpolitics.com/2012/05/09/constitution-review-govs-insist-on-immunity-clause/feed/0a:7:{s:4:"lang";s:2:"en";s:8:"keywords";s:71:"committee,constitution,governors,meeting,clause,president,removal,abuja";s:19:"keywords_autoupdate";s:1:"1";s:11:"description";s:150:"committee set up by President Goodluck Jonathan had recommended the removal of the clause. Other areas slated for amendment in the constitution by the";s:22:"description_autoupdate";s:1:"1";s:5:"title";s:0:"";s:6:"robots";s:12:"index,follow";}index,followNASS to publish guidelines on constitutional amendment soon – Ekweremaduhttp://newnigerianpolitics.com/2012/05/03/nass-to-publish-guidelines-on-constitutional-amendment-soon-%e2%80%93-ekweremadu/
http://newnigerianpolitics.com/2012/05/03/nass-to-publish-guidelines-on-constitutional-amendment-soon-%e2%80%93-ekweremadu/#respondThu, 03 May 2012 12:20:25 +0000http://newnigerianpolitics.com/?p=20647

The guidelines on the amendment of the 1999 Constitution will be published within the next few days, Chairman of the National Assembly Constitution Amendment Committee, Sen. Ike Ekweremadu, has said.

Ikweremadu announced this during an interactive session with journalists in Abuja on Wednesday.

“Very shortly, maybe in the next few days we are going to publish the list of the issues we intend to tackle in this round of the constitutional review.

“Once we publish them, we will hold a press conference to add flesh to the bones that we are going to enumerate as the items for consideration during this period.”

He restated the commitment of the Upper Chamber to sustain partnership with the media to ensure the overall success of the process.

“We have started the process of constitutional amendment and it is going to require dissemination of a lot of information to the people. The only way we can achieve that is to partner with journalists.

“So I’ll use this opportunity again to appeal to you that as we go forward you’ll continue to support us to sustain this friendship.”

Ekweremadu, who is also the Deputy Senate President, said plans were underway by the National Institute of Legislative Studies to organise capacity training for journalists covering the National Assembly. (NAN)

-Vanguard

]]>http://newnigerianpolitics.com/2012/05/03/nass-to-publish-guidelines-on-constitutional-amendment-soon-%e2%80%93-ekweremadu/feed/0a:7:{s:4:"lang";s:2:"en";s:8:"keywords";s:78:"amendment,going,journalists,national,assembly,constitution,constitutional,days";s:19:"keywords_autoupdate";s:1:"1";s:11:"description";s:155:"amendment of the 1999 Constitution will be published within the next few days, Chairman of the National Assembly Constitution Amendment Committee, Sen. Ike";s:22:"description_autoupdate";s:1:"1";s:5:"title";s:0:"";s:6:"robots";s:12:"index,follow";}index,follow